The Terms of Use Agreement ("Agreement") sets forth the legally binding terms of use for Brainbend.com. By using Brainbend.com, you agree to be bound by this Agreement, whether you are a visitor to Brainbend.com or a "Brainbend" (which means that you have registered with Brainbend.com as a member).

This Agreement includes Brainbend.com's policy for acceptable use of Brainbend.com, your rights, obligations and restrictions to use of Brainbend.com.

Brainbend.com will modify this Agreement from time to time and such modification shall be effective upon posting. You agree to be bound to any changes to this Agreement when you use Brainbend.com after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Brainbend.com and that you provide to others. Your Brainbend.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

Brainbend.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Brainbend.com at any time, for any or no reason, with or without prior notice, and without liability.

1. Representations and Warranties. By using Brainbend.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are a nice person; and (d) your use of Brainbend.com does not violate any applicable law or regulation. Your profile may be deleted, if we believe that you are "mean" (this determination is at the sole discretion of Brainbend.com) to anyone.
2. Term. This Agreement shall remain in full force and effect while you visit, are a member or have stopped being a member of Brainbend.com.
3. Access. When you sign up to become a Brainbend you are entirely responsible for maintaining the confidentiality of access to your account and you agree you are solely responsible for any and all use of your account.
4. Content.
   1. Brainbend.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to Brainbend.com. You hereby grant to Brainbend.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on Brainbend.com. Without this license, Brainbend.com would be unable to provide the service.
   2. You represent and warrant that: (i) you own the Content posted by you on Brainbend.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on Brainbend.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to Brainbend.com.
   3. Brainbend.com does contain Content of Brainbend.com ("Brainbend.com Content"). Brainbend.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Brainbend.com owns and retains all rights in the Brainbend.com Content and Brainbend.com. Brainbend.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Brainbend.com Content (excluding any software code) for your personal use in connection with viewing Brainbend.com.
   4. Brainbend.com will delete any Content that in the sole judgment of Brainbend.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Brainbend.com assumes no responsibility for monitoring Brainbend.com for inappropriate Content or conduct.
5. Content Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on Brainbend.com:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work;
   9. involves the transmission of unsolicited mass mailing, or "spamming";
   10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
6. Activity Prohibited.
   1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. covering or obscuring the banner advertisements on your personal profile page any means;
   3. any automated use of the system, such as using scripts to add friends or send comments or messages;
   4. interfering with, disrupting, or creating an undue burden on Brainbend.com or any of its vendors;
   5. using the account, username, or password of another Brainbend at any time;
   6. using any information obtained from Brainbend.com in order to harass, abuse, or harm another person;
   7. using Brainbend.com in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on Brainbend.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Brainbend.com; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send the information to Brainbend.com, 2419 Harbor # 4 Ventura CA 93001.
8. Disclaimers. Brainbend.com is not responsible for any incorrect or inaccurate Content posted on Brainbend.com regardless of cause, including but not limited to members of Brainbend.com or by any of the equipment or programming associated with or utilized by Brainbend.com.
9. Limitation on Liability. IN NO EVENT SHALL BRAINBEND.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF BRAINBEND.COM, EVEN IF BRAINBEND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRAINBEND.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRAINBEND.COM FOR THE USE OF BRAINBEND.COM.
10. Disputes. If there is any dispute about or involving the use of Brainbend.com, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Buenaventura.
11. Indemnity. You agree to indemnify and hold Brainbend.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Brainbend.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Brainbend.com causes Brainbend.com to be liable to another.
12. Other. This Agreement is accepted upon your use of Brainbend.com and is further affirmed by you becoming a Brainbend. This Agreement constitutes the entire agreement between you and MySpace.com regarding the use of Brainbend.com. The failure of Brainbend.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.